BOS - April 15, 2008

BOS - April 15, 2008

Postby Suzanne Kane » Thu Apr 10, 2008 10:37 am

Board of Selectmen
Agenda
April 15, 2008

7:00 pm

• Call to Order

• Chairman’s Announcements

• Citizen’s Forum

1. ATM & STM Review with Moderator and Town Clerk

7:10 pm
2. Skate Park Building Committee Update

7:30 pm
3. Pole Petition Hearing – Plan # 4149443 – Southwest Main Street

7:45 pm
4. Building & Facility Construction Committee Report w/ C. VanVoorhis

5. Layout Public Meeting Continued – Hilltop Estates

6. Layout Public Meeting Continued – Fairway View Estates

7. Layout Public Meeting Continued - Whispering Pines Subdivision

8. CMRPC 2008 Traffic Count Program

9. Library / Municipal Acceptance – Compact Disc Supplemental Distribution

10. Cathryn Welch, Permit Coordinator – c43D Update

11. ATM & STM Motion Assignments

12. Sign Warrant for Annual Town Election

13. Beagle Club Request

14. Minutes: Sept. 4, 2007 Open & Exec. Session; Feb. 5, 2008 Exec. Session.

15. Administrators Report

16. Old / New Business

17. Adjournment
_____________________________________________________________
Future Agenda Items:
April 22nd:
Executive Session

May 6th: 7:05 pm School Building Appointment

June 17th: Annual Appointments

TBD: Fraud Policy; Personnel Policy; Finance Policy; Water/Sewer

Note: All times are estimates unless denoted as a “Hearing”.
____________________________________________________________
____________________________________________________________
Board of Selectmen
Meeting Minutes
April 15, 2008
Approved September 16, 2008

• Call to Order:

Chairman Michael Hughes called the meeting to order at 7:00 pm. In attendance: John Bombara, Paula Brouillette, Mitch Cohen, and Executive Administrator Michael Guzinski. Scott Medeiros and Administrative Assistant Suzanne Kane were absent.

Other staff and citizens: Town Engineer William Cundiff, Skate Park Building Committee Co-Chair’s Pam Mort and Suzanne Gagnon, Skate Park Building Committee members Christine Cheney and Jennifer Furno, Moderator Jerome Jussaume, Town Clerk Christine Furno, Building and Facility Construction Committee Chair Dan Heney, Building and Facility Construction Committee Vice-Chair Joel Rozenkrantz, Durland – Van Voorhis Architect Charles Van Voorhis, Pauline Gavlak, Patty Kelleher, National Grid Design Technician Crystal Tognazzi, Betsy Choate, EDC Expedite Permitting Coordinator Cathryn Welch, Campbell Haire, Telegram Reporter Steve Foskett, Tribune Reporter Tom Mattson, and other citizens.

• Chairman’s Announcements:
There were no announcements.

• Citizen’s Forum:
Taken out of order at end of meeting when a citizen asked to speak. • In light of
the Finance Committee’s vote last night to recommend the Administrators budget at Town Meeting, Patty Kelleher asked the Board to vote to restore the Building Commissioners hours and further asked that John Bombara abstain from the vote to avoid the appearance of a conflict of interest. The Board did not take action on this.

1. ATM & STM Review with Moderator and Town Clerk:
Jerome Jussaume and Christine Furno joined the meeting. Jerome Jussaume stated that everything looks good for the Town Meeting and went over procedural changes. Both ATM and STM are scheduled for 7:00 pm – he will call the ATM to order and then ask for a recess at which point he will call the STM to order and go through STM articles. After the STM articles are done he will then go through the ATM articles. Mr. Jussaume reported there are rumors that the ATM will take a long time and will be well attended – they will plan on using two rooms.

2. Skate Park Building Committee Update:
In the agenda is an email to Suzanne Kane, from Suzanne Gagnon, dated April 9, 2008, subject: letter for BOS; a letter to the Skate Park Building Committee, from the Highway Department, dated September 28, 2006; a letter to the Skate Park Building Committee, from New England Recreation Group/ARC, and a copy of plans for the Douglas Skate Park, dated November 14, 2006. Pam Mort, Christine Cheney, Jennifer Furno, and Suzanne Gagnon joined the meeting for an update. The Committee, starting in 2002, has secured a site at the Intermediate Elementary School. A date has been set for groundbreaking on April 21, 2008. The first phase will accomplish excavation of the site with installation of the asphalt pad and fence. The next phase will replenish funds for components (ramps) and signs. They need $20,000 in order to apply for a Skate Park Construction Grant and are committed to putting in maintenance free, quality equipment.

3. Pole Petition Hearing – Plan # 4149443 – Southwest Main Street:
In the agenda is a Pole Petition packet for Southwest Main Street – Plan # 4149443; Notice to Abutters, dated April 2, 2008; Abutters list; memo to various departments, from Jane Alger, dated March 24, 2008, re: Southwest Main Street – Plan # 4149443; letter to Board of Selectmen, from Police Chief Foley, dated March 25, 2008, re: Pole Petition; an email to Jane Alger, from Adelle Reynolds, dated March 24, 2008, subject: Pole Petition; Pole & Wire Locations Petition Form from William Cundiff, dated March 24, 2008; an email to Jane Alger, from MaryBeth McCallum, dated March 24, 2008, subject: SW Main Street Plan 4149443; and a reply from Tree Warden Leon Mosczynski. Crystal Tognazzi joined the meeting. Michael Hughes opened the hearing at 7:30 pm by reading the “Petition for Joint or Identical Pole Locations – Plan # 4149443”. Ms. Tognazzi stated the petition is straight forward – installing a new pole between a long expanse, correcting sagging wires and providing new service to house # 113. Mitch Cohen made a motion at 7:32 pm to close the Pole Petition Hearing. Paula Brouillette seconded the motion. All – aye. Mitch Cohen made a motion to approve the Pole Petition – Plan # 4149443 as presented. Paula Brouillette seconded the motion. All – aye.

4. Building & Facility Construction Committee Report w/C. VanVoorhis:
In the agenda is an email to Suzanne Kane, from William Cundiff, dated April 7, 2008, subject: BFCC Report referencing the Comprehensive Building Use Study for the Town of Douglas dated March 15, 2008 and prepared by Durland – Van Voorhis Architects.
Dan Heney, Joel Rozenkrantz, and Charlie Van Voorhis joined the meeting. Dan Heney went over the Building and Facility Construction Committee’s (BFCC) Comprehensive Building Use Study to develop a logical long term plan for Municipal Buildings by collecting data on existing conditions and assessing the physical needs of the 12 municipal buildings, determining the twenty year space needs of all town departments, and reviewing the 13 town-owned land parcels. A School Building plan was done by the School Superintendent and is incorporated into this report. A study of the buildings and departments was done through a simple survey. After the survey, options were studied and preliminary budgets and implementation schedules were created with the School Superintendent and the Finance Team. Immediate action is recommended for the Middle School, Police Department, and Highway Department. The Town should commission a feasibility design for an expanded Public Safety Facility which should be incorporated with the Highway Department. Referring to the Article on Town Meeting to present the report, Mitch Cohen asked how they will present the report to Town Meeting and suggesting putting an electronic copy of the report on the Town website. He then suggested putting the link to the website on the Finance Committee’s Information Flyer. Dan Heney stated that Charles Van Voorhis will do a presentation. The Board commended the BFCC on a very compressive report. Paula Brouillette stated that this was great raw data to look at, adding the Board will need to look at funding sources. Suggestion that the BFCC and the Capital Implementation Committee work together on future feasibility studies. Dan Heney reported the BFCC will be meeting tomorrow to review the final report.

5. Layout Public Meeting Continued – Hilltop Estates:
In the agenda is an email to William Cundiff, from Atty Jonathan Eichman, dated April 8, 2008, Subject: Easements to be granted to the Town as part of the roadway acceptance process. Handed out at the meeting is a draft copy of “Public Street Layout and Acceptance – Procedural Checklist for Town Ways”; and an email to William Cundiff, from Attorney Jonathan Eichman, dated April 15, 2008, subject: Summary of Proposed Layouts for 2008 ATM. William Cundiff joined the meeting and started out by going over the draft Public Street Layout and Acceptance checklist which he uses as a guide. Mr. Cundiff explained it is a guidance document that goes over statute requirements for street acceptance as outlined in M.G.L. c82, §21-25. He stated that it has not been adopted by the Board as a policy and suggests the Board work towards its adoption to make the process run smoothly. Tonight he is asking the Board to accept the layout plans. Step IV of the checklist gives the Board latitude on how to proceed Mr. Cundiff went over their options. Because the Board has not adopted the “Public Street Layout and Acceptance – Procedural Checklist for Town Ways”, Mr. Cundiff asked the Board to work with the developers and as they move forward finalize the policy. He went over the issues with Hilltop Estates – there are still easements and a fee interest they are trying to acquire. Attorney for Hilltop Estates Betsy Choate asked to speak on this. Referring to the drainage easements, Atty Choate stated she has three out of the six signed off. She is working on the last three and hopes to have them signed soon. She went over the step to have the attorneys certify titles and the work to do it. William Cundiff stated that the only outstanding items are street sweeping and cleaning catch basins. He reported that Town Counsel recommends they secure the lenders signature on a subordination document – it places the easement before the mortgage in the chain of title, avoiding losing an easement to foreclosure. He stated that the Planning Board discussed this subject and felt that because this requirement came up late in the process they were ok with asking the Selectmen to forgo this item and add it to subsequent layouts – however they can still work with the contractors to obtain the signatures. Concerning the draft policy, Mitch Cohen stated they should include a time line for the process getting it to town meeting. William Cundiff stated the Board currently has a Street Acceptance Policy adopted in 2000, but it is not as thorough as this one. Suggestion to put the policy on a future agenda. Mitch Cohen made a motion to endorse the Layout Plan of Hilltop Estates. Paula Brouillette seconded the motion. All – aye.

6. Layout Public Meeting Continued – Fairway View Estates:
See item 5 for agenda items. William Cundiff reported that Fairway View Estates has similar issues as Hilltop Estates in regards to easements, street sweeping, and cleaning catch basins. Planning Boards discussion on subordination documents applies to this layout also. Mitch Cohen made a motion to endorse the Layout Plan of Fairway View Estates. Paula Brouillette seconded the motion. All – aye.

7. Layout Public Meeting Continues – Whispering Pines Subdivision:
See item 5 for agenda items. William Cundiff reported that Whispering Pines has similar issues as the other two layouts except they do not need street sweeping and catch basins cleaned. This layout has water and sewer as well. He has obtained a letter from the Water/Sewer Department concerning the water line extension and it meeting their requirements. Concerning sewer, he spoke with DEP about a year ago and it was his understanding that the contractor needed a permit for the sewer extension even though it’s a dry pipe. He has not received a copy of a permit from DEP and he is not certain if it is even a requirement from the Douglas Water/Sewer Department. He has asked Water/Sewer for a document if a permit is needed or not but he has not received one yet. Mr. Cundiff reported the other issue is the 53G Review and Inspection Account for this project which is nearly depleted. The contractor will need to replenish it to pay for Town Counsel’s time in reviewing the project. When asked if the sewer issue would impede the Board from endorsing the layout plan, William Cundiff stated he feels it is a jurisdictional issue – the Planning Board has conditions requiring signoff but the Board can choose to move forward, pass over at town meeting, or not record the final certification documents. There was discussion on the 53G account and a suggestion that they not move forward until the account is reimbursed. Paula Brouillette made a motion to endorse the Layout Plan – Whispering Pines Estate with provisions that if the 53G account is not replenished and the sewer decision is not resolved by town meeting, it will be passed over. Mitch Cohen seconded the motion. All – aye.

8. CMRPC 2008 Traffic Count Program:
In the agenda is a letter to the Board of Selectmen, from CMRPC, dated March 27, 2008. Taken out of order after item 2 due to time. William Cundiff joined the meeting. He explained that the last traffic count was done in March of 2005. The State, through CMRPC and MassHighway keeps a data base of traffic counts. CMRPC gives a list of planned count locations within the community and the Town can request three additional locations – no guarantee that they will be done. Back in 2005 their request concentrated on the downtown area. They had requested Main St. (Rt. 16) west of Mechanic Street, Davis Street (Rt. 16) east of Northeast Main, and Northeast Main Street east of Davis Street. William Cundiff noted that Northeast Main Street east of Davis Street is on CMRPC’s list this year so he would recommend adding North Street at Mumford River Bridge – it will help support getting it on the TIP (Transportation Improvement Project). Mitch Cohen made a motion to add Main St. (Rt. 16) west of Mechanic Street, Davis Street (Rt. 16) east of Northeast Main, and North Street at Mumford River Bridge to the traffic count list, and authorizing Michael Hughes to sign the Traffic Count Authorization form for April – December 2008. John Bombara seconded the motion. All – aye.

9. Library/Municipal Acceptance – Compact Disc Supplemental Distribution:
In the agenda is a letter to the Board of Selectmen, from the Library Director, dated April 9, 2008. At the request of the Library Director, Michael Guzinski asked the Board to approve a gift of no less than $300 as a result of a 2002 MA Attorney General’s antitrust case against certain music companies and retailers. He went over the conditions of the settlement. Mitch Cohen made a motion to support the Compact Disc Supplemental Distribution gift as presented. Paula Brouillette seconded the motion. All – aye.

10. Cathryn Welch, Permit Coordinator – c43D Update:• Cathryn Welch joined the meeting and began by reporting that there will be a meeting of the MA Office of Business Development and the Ma Alliance of Economic Development for a regional update on the 43D sites and marketing strategy in Central MA. The Douglas sites have ranked very high with the 146 site outranking the Webster line site. The Regional Director for MA Office of Business Development will be onsite in Douglas to meet with Ms. Welch and the property owners – Selectmen are welcome. This will give them additional marketing with the joint efforts of the State. She stated she is in continued dialogue with MA Development – they have met a few times through the 4 Town imitative and once separately with staff to explore possibilities for technical assistance and early wetland delineation. She reported that Northbridge and Sutton are now trying to designate 43D sites. This will result in all 4 towns with 43D sites in the 4 town area. She stated that there is a request this fiscal year to add funding for Phase II from Daylor Consulting to look at more detail for infrastructure provision moving through the budget process. On the Western 43D site, Cathryn Welch reported that staff and Economic Development Committee Chair Hal Davis met with town officials in Webster for possible cost sharing of water/sewer to that site. That discussion is now on hold because Webster now has an interim Administrator after the Town Manager left. Then they learned that the State (DCR – Department of Conservation and Recreation) had expanded their land acquisition for the State Forest with an approved sub-division in Webster (their hope was that the sub-division would share in the cost for the water/sewer expansion) and plans on more expansion. There was a meeting with staff, property owners, and DCR representatives to try and improve communication to balance economic development interests and conservation interests. DCR is still waiting for appraisals to come in for the land they are considering – dialogue continues. Concerning the western 43D site, Cathryn Welch reported that there is interest from a potential buyer. Even though the potential buyer has access to the property to drill borings to evaluate the site without crossing the stream, they feel there are other ways that are less invasive. They decided to go to ConCom about using an existing trail but with the recent rain coupled with melting snow, the trail is too wet to use. Ms. Welch stated they will “possibly” come back when its dryer however they do not want to spend the money to come back. She suggested to EDC that the potential buyer consider asking ConCom’s permission to cross the stream. EDC asked Ms. Welch to ask the Board of Selectmen to have a joint meeting inviting EDC and ConCom to discuss improving communication and balance working together. The Board agreed and there was discussion on if it should be a broader meeting inviting all the Boards from the original 43D introduction meeting. It was suggested they could use the meeting to look at the infrastructure that is missing from the two sites and who is the actual authority for developing it – if there is no water/sewer they really don’t have an expedited permitting site. Consensus to have a meeting with all Boards from the original 43D introduction meeting sometime in mid to last May. Cathryn Welch ended by commenting on the Capital Credit Scoring – Douglas has a high score. 43D is part of that – it’s one aspect to getting higher on the list for state funding.

11. ATM & STM Motion Assignments:
In the agenda is a Memo to the Board of Selectmen, from Suzanne Kane, dated April 10, 2008, re: Motion Assignments; and handed out at the meeting is the Special Town Meeting – Motions and Presenters; and the Annual Town Meeting – Motions and Presenters. The Board assigned Selectmen Articles. Michael Guzinski will update the forms and email them to the Board.

12. Sign Warrant for Annual Town Election:
In the agenda is a copy of the Warrant for Annual Town Election for Tuesday, May 13, 2008. The Board signed the Annual Town Election Warrant for Tuesday, May 13, 2008.

13. Beagle Club Request:
In the agenda is a letter from Southern Mass. Beagle Club LPH, received April 10, 2008. Beagle Club President Campbell Haire joined the meeting. He stated the Beagle Club (125 acres located on Northwest Main Street) has hired a logging company to clear trees. They will be using 18 wheel trucks to haul the lumber so the Club is asking permission to widen the mouth of the driveway. When asked if this was something the Board handles, Michael Guzinski stated that the Highway Department usually handles this but he spoke with Highway Superintendent John Furno who wants the Boards vote and he will supervise the work. Paula Brouillette reminded the Board that this is the right-of-way that goes over town owned land. Mitch Cohen made a motion to authorize the Highway Department to oversee roadway improvements as presented. John Bombara seconded the motion. All – aye.

14. Minutes:
• September 4, 2007:
Mitch Cohen made a motion to approve the minutes of September 4, 2007. Paula Brouillette seconded the motion. All – aye.
• September 4, 2007 Executive Session: Mitch Cohen made a motion to approve and not release the Executive Session minutes of September 4, 2007. Paula Brouillette seconded the motion. All – aye.
• February 5, 2008 Executive Session: Mitch Cohen made a motion to approve and not release the Executive Session minutes of February 5, 2008 as amended. Paula Brouillette seconded the motion. All – aye.

15. Administrators Report:
• Health Insurance:
Michael Guzinski reported that he met with MIIA to look at plans they offer. They are putting together a quote – once he has it he will forward it to the Board. He is also looking into the Group Insurance Commission through the Commonwealth of MA under the Municipal Partnership Act. The savings through this program are due to a lower percentage annual increase in premiums. A few communities have joined and there are pro’s and con’s – he will continue to look into. He reminded the Board that any changes would have to be discussed with the Unions first.
• Life Saver Award: Michael Guzinski congratulated the Douglas Police Department for receiving a “Life Saver” award from the Douglas chapter of SADD.

16. Old/New Business:
• Old:
• 11 Town BOS:
Paula Brouillette reported that there will be a meeting of the 11 Town Board of Selectmen on April 30th at Valley Tech. One item on the agenda is an update from MORE (Municipalities Organized for Regional Effectiveness). Another topic will be to look at a Economic Development Council.
• Executive Session Meeting: Michael Hughes reminded the Board that there will be an Executive Session meeting on April 22nd. He left material in their boxes and will need information back before the meeting.

• New:
No new items.

17. Adjournment:
John Bombara made a motion to adjourn at 9:05 pm. Mitch Cohen seconded the motion. All – aye.


Respectfully submitted;


Suzanne Kane
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Suzanne Kane
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